Haute-Saône. Bad work: the self-employed person did not have insurance

An Aynans resident who wanted to do work in his house was quickly disenchanted. You contact Mr. Legrain, a self-employed person in the building via a continuous work site. The work takes place between 1er August 2020 to January 25, 2021 and appears to be taking place as agreed. At the time of signing the 15,000-euro quote, Mr Legrain informed his client that he did not have insurance, as it was “too expensive for him to take out one”. It was on this point that this self-employed person from the travel community was tried in the Vesoul Correctional Court on Thursday, June 2.

Multiple faults

Once the work is completed, this Aynans resident notices leaks in the roof of his house. It turns out it’s a little more serious than “simple leaks,” as the self-employed person put it. The foundations of the house are in jeopardy and part of the roof is in danger of collapsing.

Liability insurance step

“I told him that I was his guarantor, and that I was committed to coming back in case of a problem once the work was completed,” the defendant, who has been working as a self-employed person in the building since 2016, told the bar. following the leaks, the client asked me to return. What I did, ”he continues. “He asked me for a ten-year guarantee so that he could provide it to his insurance company, but I told him I didn’t have one.”

“You trust and give your legal obligations”

While the defendant acknowledged the facts, he appeared to downplay in court the fact that he was performing work without taking out insurance. “It simply came to our notice then. He knew I had no insurance, ”he insisted to the president, who called him to order. “Stop it, sir, you are wrong,” said President De Pourcq. “You trust yourself and you are legally bound. It is an obligation to carry out this kind of work to take on a ten-year liability, ”she stressed.

The lawyer for the civil party, Mr. Gaume, insisted on the multiple defects found on the site. “My client was forced to look for a bank that agreed to give him another loan of 18,000 euros to resume work, plunging him into complicated finances,” she said in her plea.

Reminding the defendant that “these are legal obligations”, the prosecutor demanded a fine of 700 euros. After deliberation, the prosecution received a four-month suspended sentence. He will have to compensate the victim in the amount of 18,412 euros for material damage and 800 euros for moral damage.

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